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already admitted, if the plaint was brought
plaint, upon the accruer of a new title ib.
would have been due on the admittance of
& Berkeley, overruling the decision in Attree
copyholds of his wife, he not subject to a
by the provisional or general
preclude any claim by the lord to a fine,
titled pur autre vie under the Stat. of Wills
under a writ of elegit, pursuant to 1 & 2
by reason of the steward's acceptance of a sur-
render from an unadmitted surrenderee 342
and remainders over are created .. ib.
not be relaxed, where remainder-men are
and remainder-man join in a surrender 343
his portion till the death of the particular
fine, it is not payable till the death of the
custom, a remainder-man is not liable to a
a lien on the lands, on the principle of re-
of the particular tenant discharges the re-
sion to a less estate than the fee 346
determination of a particular estate, whether
uses take by purchase (since 3 & 4 Will. 4,
der-man could be compelled ib., n.
the enrolment of a surrender of his rever-
assignee or devisee of an equity of redemp-
tion, if the mortgagee be admitted ib.
or mortgagee, or his heirs or devisees .. ib.
and fees out of the profits of the estate, ib., n.
distinct copybolds, whether the admissions
uses would be a severance from lands left to
descend to him, so as to occasion separate
.. Page 353, n.
amount of several fines, with one count only,
amount of the other fines into court.. 353
pear to be a legal fine, without regard to any
negatives a tenant right of renewal 357, &c.
FISHERIES. See FREE FISHERY.
FLOTSAM MARIS. See WRECK.
BURGEMOTE). See LEET..673, n., 675
of record, or foreign court, is conclusive be.
reference to the forest laws .. 660 and notes
but the lord cannot refuse admittance because
it is not tendered, even if certain ib., 354
take a surrender, or to admit under a sur-
for the lord to seize till payment ib.
FORFEITURE; copybolds may be forfeited,
necessary, but the steward need not have an
express authority in writing .. 354, 355
jury (i. e. for the jury, assisted by the court
as to settled rules of evidence) 26, 337, 355
average value for the whole period over which
ableness, but the contrary is to be shown by
338, n., 356
the statute of limitation of 21 Jac.; but pay-
356 & 1.
for a forfeiture, so that it is saved if a fine
admittance (Roe & Hicks) .. 140, 406, A.
for waste committed by surrenderee in pos-
442, 443, n.
forfeiture by the surrenderor, and is not com-
renderee after the act of forfeiture .. 406, a.
406 to 408
by an inrolment of a previous conditional
447, 448, n.
framed to defeat his right of entry for a for-
437, D., 446
would have created a distinction 446
436, 456, 457
even by parol and without entry, is a for-
ties, and sustain an ejectment 436, 460
fee exceeding the term of the licence would
a copyholds are forfeited by outlawry, but only
lease not warranted by the custom ib.
back, will not establish a custom ib., n.
or it will be void, and not operate as a for-
between an agreement which passes a present
interest, and which is executory only, 438, n.
affect a lease granted with licence 439
the attainder, (whether held in fee or for
439, 440, 633, n.
custom, but only on attainder 440, n.
holds is not divested by attainder, until
of blood, except in treason and murder, but
consideration, at any time before conviction,
to seize before conviction is recorded
or felony in the ancestor's lifetime,
as it should seem for a capital crime
lord to the profits of copyholds on outlawry
as no action of waste lies for him 444
ib., n., 445, n.
copyholder for life, as being seized of the in-
heritance, was a forfeiture
24, 288, 289, 445
to others beld under the same copy, but
the tenements originally held under the same
any distinction as to waste, ib.
whom the right is afterwards released, is
and therefore of a trustee, and not the cestui
406, n., 448, n.
feiture accrues by the attainder of an unad.
tainder of treason or felony
nor infants under fourteen, nor idiots, por
will be a forfeiture, and what will not ib.
on a lease being granted by an infant; and
or disagreeing to the lease at full age, ib. & n.
be forfeited by the act of the husband, 449
waste tend to the disherison, but that they
forfeit the term only, and not the copyhold
of some text writers, must be presented, and
court, it is the duty of the homage to present
a suit to set out boundaries may not often be
dispensed with by bringing ejectment ib., n.
the advantage of a forfeiture by tenant for
though there be a grant in remainder ex-
forfeiture, but the entry must be within
Page 452, 453
admitted cannot be disputed by the widow
has committed an act of forfeiture ib.
herison, and forfeitures at the election of the
cestor did not take advantage of an act of
advantage of forfeiture for waste .. 453, n.
contra as to a title of entry for compelling
(vide 8 & 9 Vict. c. 106, s. 6).. App. 1129
be a dispensation with the forfeiture, ib. & n.
take advantage of a forfeiture happening
advantage of a forfeiture happening previous
not agreed, or if one die, no advantage can
have the advantage of a purchase made of
the privity of the lord, whether the king is
entitled only to the benefit of the trust .. ib.
rance of the incapacity, equity would give
the lord the benefit of his fines, &c... 455, n.
be dispensed with..
disherison be dispensed with by the lord pro
of a widow entitled to freebench during
chaste viduity, is an exception .. ib., D,
failure of suit of court, non-payment of rent,
ble to freeholds) ; LICENCES AND OTHER Dis-
FRANCHISES; in the absence of a special
provision in the grant, all writs should be
returned in the name of the principal, 704, n.
wife is to be endowed of a proportion of the
husband's covenant to surrender copyholds
tui que trust dies without an heir, is a trustee
who dies before admittance or presentment
the lands, when the ancestor's widow is al-
in lieu of dower and thirds out of lands of
was an infant, and not made a party to the
thirds, so at least as to put the widow to an
take a surrender, or when the surrender is
bench, and the wife may recover damages by
77, 364, and n.
least it is sufficient if the widow challenge
nor to mapors where the widow takes a por-
title of the lord who admitted the husband, ib.
is a good title to lands charged with a
FRAUDULENT CONVEYANCES, &c.; co-
202, nQ, App. 911, n.
intention) or notice, requisite lo postpone a
party who obtains the legal estate
fore governs the quantity and duration of
after incontinency, although he had no notice
surrender, even if the admittance be after his
sioners of bankrupt, even if the wise obtain
as against the heir of the lord in some cases,
than the first, and the third less than the